Regulon — RI-S-2197 · RI S 2197 (AI in Mental Health Care)

2026-01-23 introduced Introduced, referred to Senate Artificial Intelligence & Emerging Technol

2026-03-20 other Scheduled for hearing and/or consideration (03/24/2026)

2026-03-24 other Committee recommended measure be held for further study

2026-05-12 Scheduled for consideration (05/14/2026) Scheduled for consideration (05/14/2026)

2026-05-13 Proposed Substitute Proposed Substitute

2026-05-14 Committee recommends passage of Sub A Committee recommends passage of Sub A

2026-05-15 Placed on Senate Calendar (05/21/2026) Placed on Senate Calendar (05/21/2026)

Summary

Regulates the use of artificial intelligence in mental health care settings in Rhode Island. Licensed mental health professionals may use AI only for administrative and supplementary support tasks, and must maintain full responsibility for all AI interactions, outputs, and data use. AI is categorically prohibited from making independent therapeutic decisions, directly interacting with clients in therapeutic communication, generating treatment plans, or detecting emotions or mental states. Written informed consent is required before AI is used to record or transcribe therapeutic sessions. No person or entity may offer therapy or psychotherapy services through AI unless conducted by a licensed professional. The Director of Health enforces through investigation authority, with confidentiality violations subject to existing penalties under § 5-37.3-9. The chapter does not apply to religious counseling, peer support, or self-help materials.

Enforcement & Penalties

Enforcement Authority

The Director of the Department of Health has authority to investigate any actual, alleged, or suspected violation of the chapter. Penalties for confidentiality violations are governed by existing penalties under § 5-37.3-9. No private right of action is created. The Director is authorized to promulgate rules and regulations to carry out the intent of the chapter.

Penalties

Penalties for violations of the confidentiality provisions are governed by the penalties set forth in R.I. Gen. Laws § 5-37.3-9 (the Confidentiality of Health Care Communications and Information Act penalty provision). The bill does not specify independent penalty amounts for non-confidentiality violations.

Who Is Covered

"Licensed professional" means an individual who holds a valid license, credential, or certification issued by this state to practice as a psychologist, social worker, mental health practitioner, professional substance use counselor, professional substance use prevention practitioner, or to otherwise provide therapy or psychotherapy services including: (i) A licensed mental health counselor; (ii) A licensed marriage and family therapist; (iii) A licensed creative arts therapist; (iv) A licensed psychoanalyst; (v) A licensed master social worker; (vi) A licensed clinical social worker; (vii) A credentialed alcoholism and substance abuse counselor; (viii) A credentialed prevention professional; (ix) A credentialed prevention specialist; (x) A credentialed alcoholism and substance abuse counselor, credentialed prevention professional, or credentialed prevention specialist with an additional gambling designation; (xi) A certified problem gambling counselor; (xii) A credentialed alcoholism and substance abuse counselor trainee; (xiii) Any other person holding any other credential that may be overseen by units or divisions providing addiction services and supports; or (xiv) Any other professional licensed, credentialed, certified, or otherwise authorized by this state to provide therapy or psychotherapy services, except for a physician.

Compliance Obligations 5 obligations · click obligation ID to open requirement page

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.4 · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(a)(1)-(3)

Plain Language

Before using AI to record or transcribe a client's therapeutic session — specifically AI designed to simulate emotional attachment, bonding, or dependency, or AI companions for mental health support — the licensed professional must inform the patient (or their parent, guardian, or authorized representative) in writing that AI will be used and what its specific purpose is, and must obtain affirmative written consent that is revocable. Consent cannot be buried in general terms of use or obtained through deceptive actions. This consent requirement is a prerequisite — AI may not be used for session recording or transcription without it.

Statutory Text

(a) No licensed professional shall be permitted to use artificial intelligence, designed to simulate emotional attachment, bonding, or dependency or artificial intelligence companions for mental health or emotional support, to assist in providing supplementary support in therapy or psychotherapy services where the client's therapeutic session is recorded or transcribed unless the patient or the patient's parent, guardian or other legally authorized representative is informed in writing of the following: (1) That artificial intelligence will be used; (2) The specific purpose of the artificial intelligence tool or system that will be used; and (3) The patient or the patient's parents, or other legally authorized representative, provides consent to the use of artificial intelligence.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.3 · DeployerProfessional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(b)

Plain Language

No individual, corporation, or entity may provide, advertise, or offer therapy or psychotherapy services to the public in Rhode Island — including through internet-based AI tools — unless those services are actually conducted by a state-licensed mental health professional. This effectively prohibits standalone AI therapy products that operate without a licensed professional conducting the services. The prohibition extends to advertising such services, not just delivering them. Religious counseling, peer support, and self-help materials are excluded from the definition of therapy or psychotherapy services and thus not affected by this prohibition.

Statutory Text

(b) An individual, corporation, or entity may not provide, advertise, or otherwise offer therapy or psychotherapy services, including through the use of Internet-based artificial intelligence, to the public in this state unless the therapy or psychotherapy services are conducted by an individual who is a licensed professional.

HC-02 AI in Licensed Professional Practice Restrictions · HC-02.1 HC-02.2 · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-3(c)(1)-(4)

Plain Language

Licensed professionals may use AI only for administrative and supplementary support tasks — and even then, only when the professional maintains full responsibility for all interactions, outputs, and data use. AI is categorically prohibited from: (1) making independent therapeutic decisions, (2) directly interacting with clients in any form of therapeutic communication (which is broadly defined to include emotional support, guidance, treatment planning collaboration, and behavioral feedback), (3) generating therapeutic recommendations or treatment plans, and (4) detecting emotions or mental states. This effectively confines AI in mental health practice to back-office functions like scheduling, billing, record preparation, and anonymized data analysis — any client-facing therapeutic function is off-limits for AI.

Statutory Text

(c) A licensed professional may use artificial intelligence only to the extent that such use meets the requirements of subsection (a) of this section. A licensed professional may not allow or otherwise use artificial intelligence to do any of the following: (1) Make independent therapeutic decisions; (2) Directly interact with clients in any form of therapeutic communication; (3) Generate therapeutic recommendations or treatment plans; or (4) Detect emotions or mental states.

D-01 Automated Processing Rights & Data Controls · Professional · Healthcare

R.I. Gen. Laws § 40.1-5.5-4

Plain Language

All records maintained by a licensed professional in connection with therapy or psychotherapy — and all communications between clients and the professional — are confidential and may only be disclosed under existing exceptions in R.I. Gen. Laws § 40.1-5-26. This extends existing mental health confidentiality requirements to encompass records generated or maintained with AI assistance. The practical effect is that any AI-generated notes, transcripts, anonymized analyses, or other records fall under the same confidentiality protections as traditional clinical records.

Statutory Text

All records kept by a licensed professional and all communications between an individual seeking therapy or psychotherapy services and a licensed professional shall be confidential and shall not be disclosed except as provided pursuant to the provisions of § 40.1-5-26.

Other · Healthcare

R.I. Gen. Laws § 40.1-5.5-5(a)-(c)

Plain Language

This provision establishes the enforcement and exemption framework for the chapter. Confidentiality violations are subject to penalties under existing law (§ 5-37.3-9). The Director of Health may investigate any actual, alleged, or suspected violation. The entire chapter does not apply to religious counseling, peer support, or publicly available self-help materials that do not purport to offer therapy. This provision creates no independent compliance obligation — it is an enforcement and scope provision.

Statutory Text

(a) The penalties pursuant to § 5-37.3-9 shall apply to any violation of the confidentiality provisions of this chapter. (b) The director shall have authority to investigate any actual, alleged, or suspected violation of this chapter. (c) This chapter shall not apply to the following: (1) Religious counseling; (2) Peer support; and (3) Self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services.